Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

Short Title

Marginal note:Short title

1 This Act may be cited as the Railway Safety Act.

Application of Act

Marginal note:Binding on Her Majesty

• 2 (1) This Act is binding on Her Majesty in right of Canada or a province.

• Marginal note:Application generally

  (2) This Act applies in respect of railways that are within the legislative authority of Parliament.

• Marginal note:Exceptions

  (3) Despite subsection (2), this Act does not apply in respect of

  • (a) railways referred to in section 16 of the Harbour Commissions Act; or

  • (b) railways referred to in section 29 of the Canada Marine Act, except to the extent provided by regulations made under subsection 29(2) of that Act.

Objectives

Marginal note:Objectives

3 The objectives of this Act are to

• (a) promote and provide for the safety and security of the public and personnel, and the protection of property and the environment, in railway operations;

• (b) encourage the collaboration and participation of interested parties in improving railway safety and security;

• (c) recognize the responsibility of companies to demonstrate, by using safety management systems and other means at their disposal, that they continuously manage risks related to safety matters; and

• (d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security.

Marginal note:Minister’s responsibilities respecting railway safety

3.1 The Minister is responsible for the development and regulation of matters to which this Act applies, including safety and security, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,

• (a) promote railway safety and security by means that the Minister considers appropriate;

• (b) provide facilities and services for the collection, publication or dissemination of information;

• (c) undertake, and cooperate with persons undertaking, projects, technical research, study or investigation;

• (d) inspect, examine and report on activities related to railway matters; and

• (e) undertake other activities that the Minister considers appropriate or that the Governor in Council may direct.

Interpretation

Marginal note:Definitions

• 4 (1) In this Act,

  Agency

  Agency means the Canadian Transportation Agency continued by section 7 of the Canada Transportation Act; (Office)

  alter

  alter[Repealed, 1999, c. 9, s. 2]

  authorized screening

  authorized screening means anything authorized or required to be done under the regulations or a security document for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on railway works and railway equipment; (contrôle)

  company

  company means a railway company or a local railway company; (compagnie)

  crossing work

  crossing work means a road crossing or a utility crossing; (ouvrage de franchissement)

  engineering standards

  engineering standards means engineering standards established pursuant to section 7; (normes techniques)

  fatigue science

  fatigue science[Repealed, 2015, c. 31, s. 17]

  goods

  goods means, except in the definition utility line, anything that may be taken or placed on board railway equipment as freight, baggage or personal belongings; (biens)

  highest level of safety

  highest level of safety means the lowest acceptable level of risk as demonstrated by a risk management analysis; (niveau de sécurité le plus élevé)

  line work

  line work means

  • (a) a line of railway, including any structure supporting or protecting that line of railway or providing for drainage thereof,

  • (b) a system of switches, signals or other like devices that facilitates railway operations, or

  • (c) any other structure built across, beside, under or over a line of railway, that facilitates railway operations,

  but does not include a crossing work; (ligne de chemin de fer)

  local railway company

  local railway company means a person, other than a railway company or an agent or mandatary of a railway company, that operates railway equipment on a railway; (compagnie de chemin de fer locale)

  Minister

  Minister means the Minister of Transport; (ministre)

  person

  person includes a government of a municipality and a road authority; (personne)

  prescribed

  prescribed means prescribed by regulations; (Version anglaise seulement)

  proponent

  proponent, in relation to a railway work, means the person who proposes, or has proposed, the construction or alteration of the railway work, whether voluntarily or because of a requirement imposed under another Act or by an order made under section 32.01; (promoteur)

  proposing party

  proposing party[Repealed, 1999, c. 9, s. 2]

  railway

  railway means a railway within the legislative authority of Parliament and includes

  • (a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores or other things connected with the railway, and

  • (b) communications or signalling systems and related facilities and equipment used for railway purposes; (chemin de fer)

  railway company

  railway company means a person that constructs, operates or maintains a railway; (compagnie de chemin de fer)

  railway equipment

  railway equipment means

  • (a) a machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or

  • (b) a vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use; (matériel ferroviaire ou train)

  railway work

  railway work means a line work or any part thereof, a crossing work or any part thereof, or any combination of the foregoing; (installations ferroviaires)

  relevant association or organization

  relevant association or organization, in relation to a railway company, means an association or organization that has been formed to represent the interests of

  • (a) persons employed by that railway company, or

  • (b) persons owning or leasing railway equipment that is used on lines of railway operated by that railway company

  and that is declared by order of the Minister to be a relevant association or organization in relation to that railway company; (organisation intéressée)

  restricted area

  restricted area means an area that is established under the regulations or a security document and to which access is restricted to authorized persons; (zone réglementée)

  road

  road means any way or course, whether public or not, available for vehicular or pedestrian use; (route)

  road authority

  road authority means a public authority having legal authority to open and maintain roads; (autorité responsable du service de voirie)

  road crossing

  road crossing means that part of a road that passes across, over or under a line of railway, and includes any structure supporting or protecting that part of that road or facilitating the crossing; (franchissement routier)

  safety management system

  safety management system means a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessments, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes; (système de gestion de la sécurité)

  screening officer

  screening officer means a person designated by the Minister under subsection 27(1) as a screening officer for the purposes of this Act; (agent de contrôle)

  security document

  security document means any of the following documents:

  • (a) a rule approved or proposed for approval under section 19 or 20 that relates to security,

  • (b) an order, contained in a notice, referred to in subsection 31(2) that relates to security,

  • (c) an emergency directive made under section 33 that relates to security, and

  • (d) a security measure formulated under subsection 39.1(1); (texte relatif à la sûreté du transport ferroviaire)

  superior court

  superior court means

  • (a) in the Province of Ontario, the Superior Court of Justice,

  • (a.1) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province,

  • (b) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province,

  • (c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province,

  • (d) in the Province of Quebec, the Superior Court of the Province, and

  • (e) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; (cour supérieure)

  Tribunal

  Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act; (Tribunal)

  utility crossing

  utility crossing means that part of a utility line that passes over or under a line of railway, and includes any structure supporting or protecting that part of that utility line or facilitating the crossing; (franchissement par desserte)

  utility line

  utility line means any wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. (desserte)

• (2) [Repealed, 2012, c. 7, s. 4]

• Marginal note:References to proposed railway works

  (3) A reference in this Act to a proposed railway work shall be construed, in a case where a person proposes to alter an existing railway work, as meaning the railway work as proposed to be so altered.

• Marginal note:Safe railway operations, etc.

  (4) In determining, for the purposes of this Act, whether railway operations are safe railway operations, or whether an act or thing constitutes a threat to safe railway operations or enhances the safety of railway operations, regard shall be had not only to the safety of persons and property transported by railways but also to the safety of other persons and other property.

• Marginal note:Threats and immediate threats

  (4.1) For the purposes of this Act, a threat is a hazard or condition that could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property, and a threat is immediate if such a situation already exists.

• Marginal note:Filing or sending notices and documents

  (5) With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, the filing or sending of a notice or document must be

  • (a) in the case of an individual, by personal service, by facsimile or by mailing it by registered mail to the person’s latest known address;

  • (b) in the case of a corporation, by facsimile or by mailing it by registered mail to its head office or any other office designated by the Minister; or

  • (c) in either case, by any electronic or other means approved in writing by the Minister and subject to any conditions fixed by the Minister.

Marginal note:Inconsistencies with operating agreements

4.1 This Act and all regulations, rules, certificates, orders, exemptions and emergency directives made or issued under this Act prevail over the provisions of any agreement or order that enables a company to operate railway equipment on the railway of a railway company in the event of an inconsistency between them.

Relationship to Canadian Navigable Waters Act

Marginal note:Compliance with Canadian Navigable Waters Act

5 If a person proposes to construct or alter a railway work in, on, over, under, through or across any navigable water as defined in section 2 of the Canadian Navigable Waters Act, the requirements imposed by or under this Act apply in addition to, and not in substitution for, the requirements imposed by or under the Canadian Navigable Waters Act.

Coordination Agreements

Marginal note:Agreements between Department and Agency

6 The Minister may enter into an agreement with the Agency providing for the following matters and may, in consultation with the Agency, take any action that is necessary to ensure that the terms of the agreement are disclosed to any railway company or other person likely to be affected by it:

• (a) the coordination of the activities of the Department of Transport and the Agency

  • (i) relating to the construction, alteration, operation or maintenance of railway works and railway equipment, or

  • (ii) in determining whether a person is constructing, operating or maintaining a railway; and

• (b) procedures to be followed by that Department and the Agency in the event that conflicting interests arise between them in their activities with respect to those matters.

Marginal note:Agreements with provincial ministers

• 6.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting

  • (a) railway safety and security and the safety aspects of railway crossings; or

  • (b) matters relating to the protection of the environment to which this Act applies.

• Marginal note:Designation of body or person

  (2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement.

• Marginal note:Duties and powers

  (3) The designated body, person or class of persons may perform any duty and exercise any power necessary for the enforcement of the law, to the extent specified in the agreement.

Marginal note:Agreements with provincial authorities

6.2 The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the matters referred to in subsection 6.1(1) in relation to a railway in the same manner and to the same extent as it may regulate a railway within the authority’s jurisdiction.

PART IConstruction or Alteration of Railway Works

Standards

Marginal note:Regulations

• 7 (1) The Governor in Council may make regulations respecting engineering standards governing the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards.

• Marginal note:Railway company required to formulate standards

  (2) The Minister may, by order, require a railway company

  • (a) to formulate engineering standards governing any matters referred to in subsection (1) that are specified in the order or to revise its engineering standards governing those matters; and

  • (b) within a period specified in the order, to file the formulated or revised standards with the Minister for approval.

• Marginal note:Formulation or revision of standards

  (2.1) A railway company shall file with the Minister for approval any engineering standards in respect of any matter referred to in subsection (1) that it proposes to formulate or revise on its own initiative.

• Marginal note:Application of certain provisions

  (3) Subsections 19(4) to (11) apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to the references to relevant associations or organizations.

Construction and Alteration of Road Crossings

Marginal note:Regulations

7.1 The Governor in Council may make regulations regulating or prohibiting the construction or alteration of road crossings.

Notice of Certain Proposed Railway Works

Marginal note:Notice of certain proposed railway works

• 8 (1) If a proposed railway work is of a prescribed kind, the proponent shall not undertake the work unless it has first given notice of the work in accordance with the regulations. However, it may undertake the work if all persons to whom the notice was given file with the proponent a response indicating that they do not object to the work.

• Marginal note:Filing of objections

  (2) A person to whom a notice is given under subsection (1) may file with the proponent an objection to the proposed railway work if the person considers that the proposed railway work would prejudice their safety or the safety of their property. The objection must include reasons and be filed before the expiry of the period specified in the notice for the filing of objections, and a copy of it must be filed without delay with the Minister.

• Marginal note:Withdrawal of objection

  (3) A person who has filed an objection under subsection (2) and subsequently wishes to withdraw that objection shall so notify the proponent and the Minister, and the objection shall be deemed to be withdrawn on receipt by the Minister of the notice.

Marginal note:Frivolous or vexatious objections

• 9 (1) Where the Minister is satisfied that an objection filed under subsection 8(2) is frivolous or vexatious or that the proposed railway work to which the objection relates is in the public interest, the Minister may send a notice to that effect to the person who filed the objection, and the objection shall thereupon be disregarded for all purposes of this Act.

• Marginal note:Proponent to be notified

  (2) The Minister shall send a copy of a notice under subsection (1) to the proponent.

Undertaking of Proposed Railway Works

Marginal note:Railway works for which Ministerial approval required

• 10 (1) Where

  • (a) a proposed railway work departs from any applicable engineering standards, or

  • (b) a proposed railway work is one in respect of which notice has been given under subsection 8(1) and, at the expiration of the period specified in that notice for the filing of objections, there is an outstanding objection,

  the proponent shall not undertake that work otherwise than in accordance with the terms of the Minister’s approval given under this section pursuant to a written request, filed with the Minister, for such approval.

• Marginal note:Request for approval before end of notice period

  (1.1) A request to the Minister for approval of a proposed railway work under subsection (1) may be filed before the end of the period specified in the notice given under subsection 8(1) if all persons to whom the notice was given have filed a response with the proponent.

• Marginal note:Withdrawal of objection

  (1.2) A proposed railway work described in paragraph (1)(b) may be undertaken without the Minister’s approval if the outstanding objection is withdrawn.

• Marginal note:Material to accompany request for Minister’s approval

  (2) A request to the Minister for approval of a proposed railway work pursuant to subsection (1) must be accompanied

  • (a) in all cases, by a plan of the work to which the request relates, which plan must include such drawings, specifications and other particulars as are prescribed;

  • (b) where paragraph (1)(a) applies, by a statement setting out the manner in which the work departs from the applicable engineering standards and the reasons for such departure; and

  • (c) where paragraph (1)(b) applies, by the response of the proponent to the outstanding objections.

• Marginal note:Consideration of requests for approval

  (3) On receipt of a request for approval of a proposed railway work under this section, the Minister shall, having regard to the material referred to in subsection (2) and any other factors that the Minister deems relevant, consider whether the proposed railway work is consistent with safe railway operations and shall, before the expiration of the assessment period,

  • (a) if satisfied that the work is consistent with safe railway operations, notify the proponent and any objecting party that the Minister approves the work, either absolutely or on such terms as are specified in the notice; or

  • (b) if not satisfied that the work is consistent with safe railway operations, by notice

    • (i) inform the proponent and any objecting party that the Minister refuses to approve the work and of the reasons why the Minister is not so satisfied, or

    • (ii) direct the proponent to file with the Minister and any objecting party, within the period specified in the notice, such further particulars relating to the work as are specified in the notice.

• Marginal note:Late approval

  (4) Where a railway work has been undertaken without the required approval of the Minister having first been given, the Minister may nevertheless approve the work in accordance with this section.

• Marginal note:Minister may seek advice

  (5) The Minister may, in deciding whether to approve a proposed railway work, engage any person or organization having expertise in matters of safe railway operations to furnish advice to the Minister in relation to the matter.

• Marginal note:Further particulars

  (6) Where the proponent is directed to file further particulars pursuant to subparagraph (3)(b)(ii) and

  • (a) fails to file the further particulars within the period referred to in that subparagraph, it shall be deemed to have withdrawn its request to the Minister for approval of the work; or

  • (b) files the further particulars within the period referred to in that subparagraph, this Act shall thereupon have effect as if the request that the Minister approve the work had been filed only at the time when the further particulars were filed.

• Marginal note:Period for which approval in force

  (7) The Minister’s approval of a proposed railway work under this section does not authorize the commencement of that work after the expiration of

  • (a) the period specified in the approval; or

  • (b) if the approval does not specify a period, one year after the approval is given.

• Definition of assessment period

  (8) In this section, assessment period, in relation to a request that the Minister approve a proposed railway work, means

  • (a) the period of sixty days commencing on the day on which the request is filed; or

  • (b) if, before the expiration of the period referred to in paragraph (a), the Minister determines that, by reason of the complexity of the work to which the request relates, the number of requests filed or any other reason, it is not feasible to consider the request before the expiration of that period, and so notifies the proponent and any objecting party, such period in excess of that period of sixty days as the Minister specifies in the notices.

• Marginal note:Period of inquiry not part of assessment period

  (9) Where, pursuant to section 40, the Minister directs a person to conduct an inquiry respecting a proposed railway work, the period commencing on the day when the Minister so directs and ending on the day when the person reports back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.

Marginal note:Sound engineering principles

• 11 (1) All work relating to railway works — including, but not limited to, design, construction, evaluation, maintenance and alteration — must be done in accordance with sound engineering principles.

• Marginal note:Engineering work

  (2) All engineering work relating to railway works must be approved by a professional engineer.

Grants for Proposed Railway Works and Other Undertakings Contributing to Safe Railway Operations and to Public Safety at Road Crossings

Marginal note:Grants relating to crossings at grade

• 12 (1) Where a proposed railway work

  • (a) would improve the safety of a crossing at grade of a road and a line of railway, or

  • (b) would cause or permit, in the interest of safe railway operations, the abandonment or relocation of a crossing at grade of a road and a line of railway,

  and that crossing has been in existence for public use for at least three years, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

• Marginal note:Idem

  (2) Where a proposed railway work results, directly or indirectly, from an order of the Agency under section 7 or 8 of the Railway Relocation and Crossing Act and would improve the safety of a crossing at grade of a road and a line of railway, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

• Marginal note:Time for applying for grant

  (3) The proponent may apply for a grant under this section only if

  • (a) where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or

  • (b) where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.

• Marginal note:Minister may authorize making of grant

  (4) Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work.

• Marginal note:Terms and conditions of grant

  (5) In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.

• Marginal note:Maximum grant level

  (6) The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.

• Extended meaning of railway work

  (7) In this section, railway work includes the relocation of any portion of a public road.

Marginal note:Agreements for closing road crossings

• 12.1 (1) The Minister may enter into an agreement with a person who has rights under Part III of the Canada Transportation Act, or otherwise, relating to a road crossing to close the crossing in the interest of safe railway operations.

• Marginal note:Grants relating to closing crossings

  (2) The agreement may provide for the making of a grant to the person by the Minister and may contain any terms and conditions relating to the closure that the Minister deems advisable. Once the agreement is made, the person’s rights relating to the crossing are extinguished.

Marginal note:Grants for construction or alteration of grade separations

• 13 (1) Where a proposed railway work consists of the construction or alteration, in the interest of safe railway operations, of a grade separation, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

• Marginal note:Time for applying for grant

  (2) The proponent may apply for a grant under this section only if

  • (a) where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or

  • (b) where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.

• Marginal note:Minister may authorize making of grant

  (3) Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced or sustained by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work.

• Marginal note:Terms and conditions of grant

  (4) In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.

• Marginal note:Maximum grant level

  (5) The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.

• Definition of grade separation

  (6) In this section, grade separation means structures necessary to provide for

  • (a) the passage of a public road under or over a line of railway; or

  • (b) the passage of a line of railway under or over a public road.

Marginal note:Grants for programs, studies, projects and works

• 14 (1) Where the Minister is satisfied that

  • (a) a program or study related to education or research,

  • (b) a project relating to the design, demonstration or evaluation of railway works or railway equipment, or

  • (c) the construction of a work, other than

    • (i) a railway work, or relocation of any portion of a public road, that would improve the safety of a crossing at grade of a public road and a line of railway,

    • (ii) a railway work, or relocation of any portion of a public road, that would cause or permit the abandonment or relocation of a crossing at grade of a public road and a line of railway, or

    • (iii) a railway work consisting of the construction or alteration of a grade separation, as defined in subsection 13(6),

    is likely to promote, or make a contribution to, safe railway operations, the Minister may authorize the making of a grant for the purpose of defraying the whole or part of the cost of undertaking that program, study, project or work.

• Marginal note:Terms and conditions of grant

  (2) In authorizing the making of a grant under subsection (1), the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the program, study, project or work.

Marginal note:Appropriation for grants

15 Grants authorized under section 12, 12.1, 13 or 14 shall be paid out of money appropriated by Parliament for that purpose.

Marginal note:Reference to Agency

• 16 (1) The proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.

• Marginal note:Manner of reference

  (2) A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information relating to the proposed railway work as is prescribed by those regulations.

• Marginal note:Further information

  (3) The Agency may, in its discretion, by notice sent to the person referring a matter or to any person who might have referred a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to actual or anticipated construction, alteration, operational and maintenance costs in respect of the railway work, or benefits arising from the completion of the work, as the Agency specifies in the notice.

• Marginal note:Agency to apportion expenditure

  (4) Where a matter is referred to the Agency under subsection (1), the Agency shall, having regard to any grant made under section 12 or 13 in respect of that matter, the relative benefits that each person who has, or who might have, referred the matter stands to gain from the work, and to any other factor that it considers relevant, determine the proportion of the liability for construction, alteration, operational and maintenance costs to be borne by each person, and that liability shall be apportioned accordingly.

• Marginal note:Limitation

  (4.1) However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.

• Marginal note:Regulations

  (5) The Agency may, with the approval of the Governor in Council, make regulations

  • (a) prescribing the form of the notice for a reference under this section; and

  • (b) prescribing the information to accompany that notice.

• Marginal note:Regulations – exemption

  (5.1) The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).

• Marginal note:Clarification

  (5.2) A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.

• Extended meaning of railway work

  (6) In this section, railway work includes the relocation of any portion of a public road.

• Marginal note:Interpretation

  (7) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

Marginal note:Minister may simultaneously consider requests for grant and for section 10 approval

• 17 (1) Where the proponent in relation to a railway work referred to in section 12 or 13 requests the Minister’s approval under section 10 and also applies under section 12 or 13 for a grant in respect of that work, the request for approval and the application for the grant may be dealt with at the same time.

• (2) [Repealed, 1999, c. 9, s. 11]

PART IIOperation and Maintenance of Railway Works and Equipment

Prohibitions

Marginal note:Requirement for certificate

• 17.1 (1) No person shall operate or maintain a railway, or operate railway equipment on a railway, without a railway operating certificate.

• Marginal note:Crossing maintenance

  (2) Subsection (1) does not apply to a person exempted under paragraph 17.9(1)(c) or to a municipality or road authority that maintains a crossing work.

Marginal note:Compliance with certificate, regulations and rules

17.2 No railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with a railway operating certificate and — except to the extent that the company is exempt from their application under section 22 or 22.1 — with the regulations and the rules made under sections 19 and 20 that apply to the company.

Marginal note:Compliance with engineering standards

17.21 No railway company shall construct or alter a railway work otherwise than in accordance with the engineering standards that apply in respect of the railway company, except to the extent that the railway company is exempt from their application under section 22.1.

Marginal note:Crossing works

17.3 No person responsible for the maintenance of a crossing work shall maintain it otherwise than in accordance with the regulations made under section 18 unless that person is exempted under section 22 or 22.1 from the application of those regulations in relation to the maintenance of that crossing work.

Marginal note:Recording instruments

• 17.31 (1) No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless

  • (a) the railway equipment is fitted with the prescribed recording instruments; and

  • (b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.

• Marginal note:Use or communication

  (2) No company referred to in subsection (1) shall use or communicate the information that it records, collects or preserves under that subsection unless the use or communication is in accordance with the law.

• Marginal note:Prevention of recording, collection or preservation

  (3) No person shall do anything, including alter the recording instruments referred to in subsection (1), with the intent to prevent information from being recorded, collected or preserved under that subsection.

Railway Operating Certificate

Marginal note:Issuance of certificate

• 17.4 (1) The Minister shall, on application, issue a railway operating certificate authorizing a person to operate and maintain a railway, or to operate railway equipment on a railway, if the Minister is satisfied that the prescribed conditions for obtaining one have been met.

• Marginal note:Terms and conditions

  (2) A railway operating certificate may contain any terms and conditions that the Minister considers appropriate.

• Marginal note:Variation

  (3) The Minister may, on application by a company, vary the terms and conditions of its railway operating certificate.

• Marginal note:Time limit

  (4) A decision by the Minister whether to issue or vary a railway operating certificate shall be made as expeditiously as possible within 120 days after receipt of the application unless the applicant agrees otherwise.

• Marginal note:Suspension or cancellation

  (5) The Minister may suspend or cancel a company’s railway operating certificate if the company has

  • (a) ceased to meet any of the prescribed conditions for obtaining the certificate;

  • (b) contravened any provision of this Act or the regulations or any rule, order, standard or emergency directive made under this Act; or

  • (c) requested its suspension or cancellation.

Marginal note:Notice of decision

• 17.5 (1) The Minister shall notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5).

• Marginal note:Contents of notice

  (2) The notice of decision shall specify

  • (a) the grounds of the Minister’s decision; and

  • (b) the address at which and the date, being thirty days after the notice is sent, on or before which the person may file a request for a review of the decision.

• Marginal note:Effective date of decision

  (3) The effective date of a decision is the day on which the notice is received by the person or company unless the notice specifies a later date.

Marginal note:Request for review

• 17.6 (1) A person or a company affected by a decision of the Minister under subsection 17.4(1), (3) or (5) may, on or before the date specified in the notice under section 17.5 or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the decision.

• Marginal note:Effect of request

  (2) A request under subsection (1) for a review of a decision under subsection 17.4(5) does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

Marginal note:Time and place for review

• 17.7 (1) On receipt of a request filed under subsection 17.6(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (3) The member may confirm the decision of the Minister or refer the matter back to the Minister for reconsideration.

• Marginal note:Effect of decision pending reconsideration

  (4) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (3), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

Marginal note:Right of appeal

• 17.8 (1) Within thirty days after a determination made under subsection 17.7(3) by a member of the Tribunal, the person or company affected by the determination may appeal it to the Tribunal.

• Marginal note:Effect of request

  (2) A request under subsection (1) for an appeal of a decision under subsection 17.4(5) does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the appeal is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

• Marginal note:Loss of right of appeal

  (4) A person or company that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (5) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

• Marginal note:Effect of decision pending reconsideration

  (6) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (5), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 17.4(5) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to railway safety.

Marginal note:Regulations

• 17.9 (1) The Governor in Council may make regulations

  • (a) respecting conditions to be met for the issuance of a railway operating certificate;

  • (b) respecting the form and content of applications for railway operating certificates and the process for obtaining a certificate or the variation of one; and

  • (c) exempting any class of persons from the application of section 17.1.

• Marginal note:Application

  (2) A regulation made under this section may be general or applicable to a group or class of persons or companies.

Recording Instruments

Marginal note:Companies — use of information

• 17.91 (1) A company may use the information that it records, collects or preserves under subsection 17.31(1) for the purposes of

  • (a) conducting analyses under section 13, 47 or 74 of the Railway Safety Management System Regulations, 2015; and

  • (b) determining the causes and contributing factors of an accident or incident that the company is required to report under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate.

• Marginal note:Information randomly selected

  (2) The information that the company may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

• Marginal note:Use — threat to safety of railway operations

  (3) If a company uses information under subsection (1), it may also use that information to address a prescribed threat to the safety of railway operations.

• Marginal note:Personal Information Protection and Electronic Documents Act and provincial legislation

  (4) A company that collects, uses or communicates information under this section, section 17.31 or 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95 may do so

  • (a) despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the collection, use, disclosure and retention of information, and despite section 7 of that Act; and

  • (b) despite any provision of provincial legislation that is substantially similar to Part 1 of the Act referred to in paragraph (a) and that limits the collection, use, communication or preservation of information.

Marginal note:Minister — use of information

• 17.92 (1) The Minister may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of

  • (a) developing policies;

  • (b) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and

  • (c) verifying compliance with section 17.31 and regulations made under section 17.95.

• Marginal note:Information randomly selected

  (2) The information that the Minister may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

• Marginal note:Use — threat to safety of railway operations

  (3) If the Minister uses information under paragraph (1)(a) or (b), he or she may also use that information to address a threat to the safety of railway operations.

Marginal note:Railway safety inspectors — use of information

• 17.93 (1) A railway safety inspector may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of

  • (a) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and

  • (b) verifying compliance with section 17.31 and regulations made under section 17.95.

• Marginal note:Use — threat to safety of railway operations

  (2) If a railway safety inspector uses information under paragraph (1)(a), they may also use that information to address a threat to the safety of railway operations.

Marginal note:Recorded information admissible

• 17.94 (1) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is admissible in any proceedings for a violation or offence, with respect to the contravention of section 17.31 or the regulations made under section 17.95, against the company that operates the railway equipment.

• Marginal note:Recorded information not admissible

  (2) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is not admissible in any proceedings for a violation or offence under this Act — other than for a violation or offence with respect to the contravention of subsection 17.31(3) — against an individual who is on board the railway equipment at the time of the recording or an individual who communicates with that individual at that time.

• Marginal note:Information used under subsections 17.91(3), 17.92(3) and 17.93(2) admissible

  (3) Subject to subsection (2), the information used under subsections 17.91(3), 17.92(3) and 17.93(2) is admissible in any proceedings that may result from that use.

Marginal note:Regulations

• 17.95 (1) The Governor in Council may make regulations

  • (a) prescribing criteria for the purposes of subsection 17.31(1);

  • (b) respecting the exemption of any company that meets the criteria referred to in paragraph (a) from the application of subsection 17.31(1);

  • (c) respecting the recording instruments with which the railway equipment is to be fitted, including their specifications, installation and maintenance;

  • (d) respecting the information that companies record using those instruments, including the recording of that information, its collection, its preservation, its destruction, its use, its communication — including on request by the Minister — its selection and access to it; and

  • (e) prescribing threats to the safety of railway operations for the purpose of subsection 17.91(3).

• Marginal note:Application

  (2) A regulation made under this section may be general or applicable to a group or class of companies.

Marginal note:For greater certainty

17.96 For greater certainty, subject to any use or communication that is expressly authorized under any of sections 17.91 to 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95, the information that a company records, collects or preserves under subsection 17.31(1) and that is an on-board recording, as defined in subsection 28(1) of the Canadian Transportation Accident Investigation and Safety Board Act, remains privileged under subsection 28(2) of that Act.

Regulations

Marginal note:Regulations

• 18 (1) The Governor in Council may make regulations

  • (a) respecting the operation or maintenance of line works, and the design, construction, alteration, operation and maintenance of railway equipment, which regulations may embrace, among other things, performance standards;

  • (b) declaring positions in railway companies to be critical to safe railway operations;

  • (c) respecting the following matters, to the extent that they relate to safe railway operations, in relation to persons employed in positions referred to in paragraph (b):

    • (i) the training of those persons, both before and after appointment to those positions,

    • (ii) hours of work and rest periods to be observed by those persons,

    • (iii) minimum medical, including audiometric and optometric, standards to be met by those persons,

    • (iv) the control or prohibition of the consumption of alcoholic beverages and the use of drugs by those persons,

    • (v) the establishment of support programs for those persons and standards applicable to such programs, and

    • (vi) the establishment of a scheme for licensing those persons; and

  • (d) respecting the prevention and control of fires on railway works.

• Marginal note:Regulations — crossing works

  (2) The Governor in Council may make regulations respecting crossing works, including regulations for requiring a railway company, road authority or other person who has rights relating to a road crossing to conduct a safety review of the road crossing following an accident of a type specified in the regulations.

• Marginal note:Regulations — security

  (2.1) The Governor in Council may make regulations respecting the security of railway transportation.

• Marginal note:Application

  (2.2) A regulation made under this section may be general or applicable to a group or class of persons or companies.

• Marginal note:Regulations to override rules

  (3) If the Governor in Council at any time makes regulations respecting a matter referred to in subsection (1) or (2.1) that are inconsistent with rules approved in relation to a particular company by the Minister under section 19 or 20 in respect of that matter, those rules are at that time revoked to the extent of the inconsistency.

Rules

Marginal note:Formulation or revision of rules

• 19 (1) The Minister may, by order, require a company

  • (a) to formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; and

  • (b) within a specified period, to file the formulated or revised rules with the Minister for approval.

• Marginal note:Company to consult

  (2) A company shall not file rules with the Minister under subsection (1) unless it has first, during a period of sixty days, given a reasonable opportunity for consultation with it on the rules to

  • (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the implementation of the rules; or

  • (b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.

• Marginal note:Notice to accompany rules

  (3) When rules are filed with the Minister by a company pursuant to an order under subsection (1), the company shall, by notice filed with those rules, identify each association or organization or any railway company that was consulted and attach a copy of any objection that is made by any of them on grounds of safety.

• Marginal note:Consideration of rules

  (4) After rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall consider, without delay, whether, in the Minister’s opinion and after having regard to current railway practice, to the views of the company and the views of each relevant association or organization or any railway company identified under subsection (3) and to any other factor that the Minister considers relevant, those rules are conducive to safe railway operations by the company, and shall, before the expiration of the assessment period in relation to those rules,

  • (a) if the Minister is so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; or

  • (b) if the Minister is not so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.

• Marginal note:Request for amendment to terms and conditions

  (4.1) A company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend the terms and conditions specified under paragraph (4)(a), and shall send a copy of the request to

  • (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the amendment to the terms and conditions; or

  • (b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the amendment to the terms and conditions.

• Marginal note:Amendments

  (4.2) After receiving a request from a company under subsection (4.1), the Minister may amend the terms and conditions and, in that case, shall provide a copy of the amendments to each relevant association or organization, or any railway company, referred to in subsection (4.1).

• Marginal note:Minister may seek advice

  (5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter.

• Marginal note:Effective date of rules

  (5.1) Rules approved by the Minister under subsection (4) come into force on a day specified by the Minister, but if they replace any regulations, they may not come into force earlier than the day on which the regulations are repealed.

• Marginal note:Revision of rules

  (6) If the Minister notifies a company that the Minister refuses to approve rules filed by the company in respect of a matter pursuant to an order under subsection (1),

  • (a) the company may, unless the Minister indicates in that notice an intention to establish rules in respect of that matter under subsection (7), formulate and file with the Minister further rules as if the order made pursuant to subsection (1) had been made on the date of receipt by the company of the notice of refusal; and

  • (b) the provisions of this section apply in relation to those further rules, with any modifications that the circumstances require.

• Marginal note:Failure to file rules

  (7) If, in respect of a matter, a company fails to file rules pursuant to an order under subsection (1), or a company files rules pursuant to an order under subsection (1) but the Minister refuses to approve those rules, the Minister may, by order, establish rules in respect of that matter.

• Marginal note:Consultation

  (8) The Minister may not, under this section, establish rules applying to a company unless the Minister

  • (a) has given, during a period of sixty days, a reasonable opportunity for consultation with the Minister on the rules to that company and

    • (i) in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules, and

    • (ii) in the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules; and

  • (b) has considered any objection, on grounds of safety, to the establishment of the rules that is made in the course of that consultation.

• Marginal note:Rules established by Minister

  (9) Rules established by the Minister under subsection (7) in relation to a company have the same effect as if they had been formulated by the company and approved by the Minister under subsection (4).

• Definition of assessment period

  (10) Subject to subsection (11), in this section, assessment period, in relation to rules filed with the Minister under this section, means

  • (a) the period of sixty days commencing on the day after the day on which the rules are filed; or

  • (b) if, before the expiration of that period of sixty days, the Minister determines that, by reason of the complexity of the rules or the number of rules filed or for any other reason, it will not be feasible to consider the rules within that period, and so notifies the company concerned, any greater period that the Minister specifies in the notice.

• Marginal note:Period of inquiry not part of assessment period

  (11) If, pursuant to section 40, the Minister directs persons to conduct an inquiry respecting proposed rules, the period commencing on the day when the Minister so directs and ending on the day when the persons report back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.

Marginal note:Formulation or revision of rules

• 20 (1) A company shall file with the Minister for approval any rules in respect of any matter referred to in subsection 18(1) or (2.1) that it proposes to formulate or revise on its own initiative.

• Marginal note:Consultation

  (2) A company may not file rules with the Minister under subsection (1) unless it has first given a reasonable opportunity during a period of sixty days for consultation with it concerning the rules,

  • (a) in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules; or

  • (b) in the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.

• Marginal note:Rules to be accompanied by notice

  (3) Rules filed with the Minister by a company pursuant to subsection (1) shall be accompanied by a notice

  • (a) setting out the reasons why the company proposes to formulate or revise the rules; and

  • (b) identifying any relevant association or organization or any railway company that objects, on grounds of safety, to the implementation of those rules and attaching a copy of the notice of objection.

• Marginal note:Application of certain provisions

  (4) Subsections 19(4) to (5.1), (10) and (11) apply in relation to the filing and consideration of rules filed with the Minister under subsection (1) as if the rules had been duly filed in compliance with an order made under subsection 19(1).

Marginal note:Third party

20.1 A third party may act for and on behalf of a company in all matters relating to the formulation or revision of standards or rules under sections 7, 19 and 20.

Marginal note:Regulations — formulation of rules

• 20.2 (1) The Governor in Council may make regulations respecting the process for the formulation or revision of rules applicable to companies and for the amendment of their terms and conditions.

• Marginal note:Application

  (2) A regulation made under subsection (1) may be general or applicable to a group or class of companies.

Miscellaneous Provisions Relating to Regulations and Rules

Marginal note:Uniformity of rules

21 In establishing, under section 19 or 20, rules applying to a particular company or in deciding, under section 19 or 20, whether to approve rules formulated or revised by, and applying to, a particular company, the Minister shall, to the extent that it is, in the opinion of the Minister, reasonable and practicable to do so, ensure that those rules are uniform with rules dealing with a like matter and applying to other companies.

Marginal note:Exemption by order in council

• 22 (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,

  • (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

  • (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

• Marginal note:Exemption by Minister

  (2) If, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that are specified in the notice,

  • (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

  • (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

• Marginal note:Sending of notices

  (3) A notice under subsection (2) shall be sent to the company or person exempted by the notice and takes effect on receipt by that company or person.

• Marginal note:Application

  (4) A company may apply to the Minister for an exemption from the application of a specified provision of regulations under subsection 18(1), (2) or (2.1) or of rules in force under section 19 or 20.

• Marginal note:Company to consult

  (5) A company may not apply for an exemption under subsection (4) unless it has first given

  • (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption, and

  • (b) in the case of a local railway company, any railway company on whose line the local railway company operates railway equipment and that is likely to be affected by the exemption,

  a reasonable opportunity during a period of sixty days to consult with it, except that it may apply for the exemption before the end of those sixty days if it has received comments from all those associations and organizations or from that railway company, as the case may be.

• Marginal note:Copy of comments

  (6) The company shall send with its application to the Minister a copy of all comments received from relevant associations and organizations or the railway company.

• Marginal note:Period for granting application

  (7) The Minister may grant the application within sixty days after receiving it if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations. The Minister may extend the time for granting the application for an additional period of up to sixty days.

Marginal note:Other exemptions

• 22.1 (1) A company that proposes to conduct testing relating to railway transportation, or that requires an immediate exemption of short duration, may by notice seek an exemption from the application of any provision of standards formulated under section 7, regulations made under subsection 18(1) or (2) or 24(1) or rules in force under section 19 or 20 for a period of up to six months.

• Marginal note:Notice

  (2) A notice under subsection (1) shall be filed with the Minister and

  • (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption; or

  • (b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the exemption.

• Marginal note:Objections

  (3) Each of the relevant associations or organizations or the railway company to which notice must be given, as the case may be, may object to an exemption on grounds of safety by filing its objection with the Minister and the company within fourteen days after the notice referred to in subsection (1) is filed.

• Marginal note:Minister’s decision

  (4) The Minister may

  • (a) within twenty-one days after the filing of an objection under subsection (3), confirm the objection if the Minister decides that the exemption threatens safety;

  • (b) within twenty-one days after the filing of an objection under subsection (3) or within thirty-five days after receiving a notice under subsection (1), impose terms and conditions on the exemption that the Minister considers appropriate, if the Minister is of the opinion that the exemption without terms and conditions is not in the public interest or is likely to threaten safety; or

  • (c) within thirty-five days after receiving the notice under subsection (1), deny the exemption if the Minister is of the opinion that the exemption is not in the public interest or is likely to threaten safety.

• Marginal note:Effective date

  (5) An exemption is effective if

  • (a) the company receives a response from the Minister and each of those associations and organizations or the railway company, as the case may be, indicating that they do not object to the exemption;

  • (b) no objections are confirmed by the Minister under paragraph (4)(a);

  • (c) the Minister, instead of making or confirming an objection, imposes terms and conditions under paragraph (4)(b) and the company complies with the terms and conditions; or

  • (d) the Minister does not deny the exemption under paragraph (4)(c).

Powers of Agency — Fire

Marginal note:Application to Agency

• 23 (1) If a province or municipality is of the opinion that a fire to which it responded was the result of a railway company’s railway operations, it may apply to the Agency to have the costs that it incurred in responding to the fire reimbursed by the railway company.

• Marginal note:Form of application

  (2) The application shall be in the form prescribed by regulations made under subsection (5), and it shall be accompanied by the information prescribed by those regulations.

• Marginal note:Further information

  (3) The Agency may, by notice sent to the province, municipality or railway company, require the province, municipality or railway company to provide it with any further information that it specifies relating to the application, within the period specified in the notice.

• Marginal note:Agency’s determination

  (4) If the Agency determines that the fire was the result of the railway company’s railway operations, it shall make an order directing the railway company to reimburse the province or municipality the costs that the Agency determines were reasonably incurred in responding to the fire.

• Marginal note:Regulations

  (5) The Agency may, with the Governor in Council’s approval, make regulations

  • (a) prescribing the form of the application referred to in this section; and

  • (b) prescribing the information that must accompany that application.

• Marginal note:Interpretation

  (6) Despite this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

Audible Warnings

Marginal note:Use of whistles

• 23.1 (1) No person shall use the whistle on any railway equipment in an area within a municipality if

  • (a) the area meets the requirements prescribed for the purposes of this section; and

  • (b) the government of the municipality by resolution declares that it agrees that such whistles should not be used in that area and has, before passing the resolution,

    • (i) consulted the railway company that operates the relevant line of railway,

    • (ii) notified each relevant association or organization, and

    • (iii) given public notice of its intention to pass the resolution.

• Marginal note:Ministerial decision

  (2) The Minister may decide whether the area meets the prescribed requirements and the Minister’s decision is final.

• Marginal note:Exceptions

  (3) Despite subsection (1), the whistle may be used if

  • (a) there is an emergency;

  • (b) any rules in force under section 19 or 20 or any regulations require its use; or

  • (c) a railway safety inspector orders its use under section 31.

PART IIINon-railway Operations Affecting Railway Safety

Regulations

Marginal note:Regulations

• 24 (1) The Governor in Council may make regulations

  • (a) respecting

    • (i) the control or prohibition of the construction or alteration, or

    • (ii) the control of the maintenance

    of buildings and other structures, not being railway works, erected or proposed to be erected above or below a line of railway, or on land adjoining the land on which the line is situated, to the extent only that is necessary to prevent those buildings or structures from constituting a threat to safe railway operations;

  • (b) respecting the control or prohibition of the construction, alteration or operation of any mine or other works, not being railway works, constructed or proposed to be constructed below or on land adjoining the land on which a line of railway is situated, to the extent only that is necessary to prevent those mines or works from constituting a threat to safe railway operations;

  • (c) respecting

    • (i) the control or prohibition of the construction or alteration, and

    • (ii) the control of the maintenance,

    on land adjoining the land on which a line of railway is situated, of drainage systems that would constitute a threat to safe railway operations;

  • (d) respecting the control or prohibition of the presence or storage, on land adjoining the land on which a line of railway is situated, of specified materials;

  • (e) respecting

    • (i) the removal of anything, including trees or brush, that might, by obscuring clear vision either of a road or of a line of railway, constitute a threat to safe railway operations,

    • (ii) the removal of weeds that are on or along lines of railway, and

    • (iii) the use of alternatives to chemical pesticides under subparagraphs (i) and (ii);

  • (f) respecting the restriction or prevention, including by means of fences or signs on the land on which a line of railway is situated or on land adjoining that land, of access to the land on which a line of railway is situated by persons — other than employees or agents or mandataries of the railway company concerned, or of the local railway company authorized to operate railway equipment on the railway — or by vehicles or animals, if their presence on that land would constitute a threat to safe railway operations;

  • (f.1) respecting the construction, alteration and maintenance of roads for the purpose of ensuring safe railway operations;

  • (f.2) respecting the control of vehicular and pedestrian traffic on road approaches to road crossings for the purpose of ensuring safe railway operations; and

  • (g) respecting the control or prohibition of any other activity, on land adjoining the land on which a line of railway is situated, that could constitute a threat to safe railway operations.

• Marginal note:Exemption by Minister

  (1.1) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of any regulation made under subsection (1) if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safety.

• Marginal note:Compensation

  (2) Where the owner, lessee or occupier of land adjoining the land on which a line of railway is situated, the owner, lessee or occupier of any building or other structure erected on that adjoining land, or the owner of any mine or other works operated on that adjoining land, suffers a loss by reason of the operation of the regulations made under this section, the railway company operating that line of railway shall pay to that person such compensation in respect of that loss as is agreed to between the railway company and that person or, failing such agreement, as is determined pursuant to section 26.

Power of Railway Companies on Adjoining Lands

Marginal note:Entry onto land adjoining line of railway

• 25 (1) For the purpose of preventing a threat to safe railway operations on a line of railway or restoring safe railway operations on a line of railway, a railway company may enter onto any land adjoining the land on which the line of railway is situated

  • (a) at any time, in order to maintain or alter railway works or remove obstructions to them, if no other access to the line of railway is reasonably available, and remain on the land for as long as is necessary to accomplish that purpose;

  • (b) at any time, in order to deal with any fire occurring on either of those lands;

  • (c) at any reasonable time, on giving notice in writing of its intention to do so to the owner of the adjoining land, in order to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e); or

  • (d) at any time between November 1 and March 31, in order to install or maintain a snow fence.

• Marginal note:Power of road authority to enter land adjoining line of railway

  (1.1) For the purpose of preventing a threat to safe railway operations at a road crossing, a road authority may at any reasonable time enter onto any land in the vicinity of the road crossing to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e), if the road authority gives notice in writing to the owner of the land of its intention to do so.

• Marginal note:Removal of snow fences

  (2) A railway company that installs a snow fence on any land shall cause that snow fence to be removed on or before April 1 next following the date of its installation.

• Marginal note:Compensation

  (3) If the owner, lessee or occupier of adjoining land suffers a loss because of the exercise by a railway company or a road authority of a power conferred by this section, the railway company or road authority shall pay to that person any compensation in respect of that loss that they may agree on or, failing an agreement, that is determined under section 26, but the payment of compensation is not a condition precedent to the exercise of the power.

Powers of Agency

Marginal note:Reference to Agency

• 26 (1) Where the parties cannot agree on the compensation referred to in subsection 24(2) or 25(3), any of those parties may, if no right of recourse is available under Part III of the Canada Transportation Act, refer the matter to the Agency for a determination.

• Marginal note:Manner of reference

  (2) A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information as is prescribed by those regulations.

• Marginal note:Further information

  (3) The Agency may, in its discretion, by notice given to the person referring a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to the compensation claimed as the Agency specifies in the notice.

• Marginal note:Agency to determine compensation

  (4) Where a matter is referred to the Agency under subsection (1), the Agency shall determine the amount of compensation to be paid by the railway company to the owner, lessee or occupier in question.

• Marginal note:Regulations

  (5) The Agency may, with the approval of the Governor in Council, make regulations

  • (a) prescribing the form of the notice for a reference under this section; and

  • (b) prescribing the information to accompany that notice.

• Marginal note:Interpretation

  (6) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

Access to Line Works Prohibited

Marginal note:No access to line works

26.1 No person shall, without lawful excuse, enter on land on which a line work is situated.

Marginal note:Road users to give way

26.2 The users of a road shall give way to railway equipment at a road crossing if adequate warning of its approach is given.

PART IVAdministration and Enforcement

Railway Safety Inspectors and Screening Officers

Marginal note:Designation

• 27 (1) The Minister may designate any person whom the Minister considers qualified as a railway safety inspector or a screening officer for the purposes of this Act and the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector or screening officer.

• Marginal note:Exercise of powers and duties

  (1.1) When carrying out powers and duties under this Act, a person designated under subsection (1) is acting for and on behalf of the Minister.

• Marginal note:Inspector to show certificate

  (2) A railway safety inspector shall be furnished with a certificate showing the matters for which the inspector is designated and, on entering any place, including any railway equipment, in purported exercise of the inspector’s powers, shall, if so requested, produce the certificate to the person apparently in charge thereof.

• Marginal note:Evidence in civil suits precluded

  (3) No railway safety inspector shall be required to give testimony in any civil suit with regard to information obtained by the inspector in the discharge of the inspector’s duties, except with the written permission of the Minister.

• Marginal note:Inspector not personally liable

  (4) A railway safety inspector is not personally liable for anything done or omitted to be done by the inspector in good faith under the authority of this Act.

Marginal note:Refusal to designate etc.

• 27.1 (1) The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.

• Marginal note:Suspension or cancellation of designation for offences

  (2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41.

• Marginal note:Suspension of designation for immediate threat

  (3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security.

Marginal note:Notice

• 27.2 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall include

  • (a) the grounds for the Minister’s decision; and

  • (b) the address at which, and the date, being thirty days after the notice is sent, on or before which, the person may file a request for a review of the decision.

• Marginal note:Effective date of suspension or cancellation

  (3) In the case of a suspension or cancellation, the effective date of the decision shall not be earlier than

  • (a) in the case of a decision made under subsection 27.1(1) or (3), the day that the notice was received by the person; and

  • (b) in the case of a decision made under subsection 27.1(2), the thirtieth day after the notice is sent.

Marginal note:Request for review

• 27.3 (1) A person affected by a decision of the Minister under section 27.1 may, on or before the date specified in the notice under subsection 27.2(1) or within any further time that the Tribunal on application allows, file a written request for a review of the decision.

• Marginal note:Effect of request

  (2) A request under subsection (1) for a review of a decision of the Minister does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person affected by a decision made under subsection 27.1(2), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, unless he or she is of the opinion that granting a stay would constitute a threat to railway security.

Marginal note:Time and place for review

• 27.4 (1) On receipt of a request filed under subsection 27.3(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Person not compelled to testify

  (3) In a review of a decision made under subsection 27.1(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination

  (4) The member may

  • (a) in the case of a decision made under subsection 27.1(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a decision made under subsection 27.1(2), confirm the decision or substitute his or her own determination.

Marginal note:Right of appeal

• 27.5 (1) Within thirty days after the determination,

  • (a) a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; or

  • (b) a person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may

  • (a) in the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

Marginal note:Decision to remain in effect pending reconsideration

27.6 If a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security.

Marginal note:Reconsideration

• 27.7 (1) In the case of a decision made under subsection 27.1(3), if the appeal panel has, on an appeal under section 27.5, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to railway security.

• Marginal note:Procedure applicable

  (2) On receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that are necessary.

Definition of designation

27.8 For the purposes of sections 27.1 to 27.7, designation includes any privilege accorded by a designation.

Marginal note:Inspector’s powers

• 28 (1) A railway safety inspector may, at any time,

  • (a) for the purpose of ensuring compliance with this Act and with the regulations, emergency directives, rules, orders and security measures made under this Act, enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the operation or maintenance of a railway or the operation of railway equipment, and carry out any inspection that the inspector considers necessary in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector;

  • (a.1) require any person appearing to be in charge of the place to produce any document, regardless of physical form or characteristics, for inspection or for the purpose of making copies or taking extracts;

  • (b) seize any property found in the course of that inspection on the railway work or in the railway equipment that the inspector believes, on reasonable grounds, will afford evidence with respect to an offence under this Act, and may submit that property to reasonable tests; and

  • (c) require the attendance of persons whom the inspector deems relevant to the carrying out of the inspector’s functions, and may question those persons.

• Marginal note:Communication authorized

  (1.1) A company is authorized to communicate to a railway safety inspector the information that it recorded, collected or preserved under subsection 17.31(1) and that is contained in a document that the railway safety inspector requires it to produce under paragraph (1)(a.1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95.

• Marginal note:Idem

  (2) Where a railway safety inspector believes, on reasonable grounds, that an offence under this Act is being or has been committed at or in any place other than a railway work or railway equipment and that evidence of that offence is likely to be found at that place, the inspector may, if the offence relates to a matter for which the inspector is designated, and subject to subsection (3),

  • (a) enter and search that place for evidence of that offence; and

  • (b) seize any property found in the course of the search that the inspector believes, on reasonable grounds, will afford evidence with respect to that offence, and submit that property to reasonable tests.

• Marginal note:Conditions for exercise of powers under subsection (2)

  (3) A railway safety inspector shall not exercise the powers referred to in subsection (2) unless

  • (a) the person apparently in charge of the place consents to the entry and search;

  • (b) the powers are exercised in relation to that place under the authority of a warrant; or

  • (c) by reason of exigent circumstances, it would not be practicable for the inspector to obtain a warrant.

• Marginal note:Forcible entry must be specifically authorized

  (4) In executing a warrant, a railway safety inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Marginal note:Seized property to be returned

• 29 (1) Any property seized by a railway safety inspector under section 28 shall be returned to the person from whom the seizure was made or to any other person who appears on reasonable grounds to be entitled thereto, after

  • (a) the provision of this Act or the regulations, the emergency directive, the rule or the order in respect of the contravention of which the property was seized has, in the opinion of the inspector, been complied with, or

  • (b) the expiration of a period of thirty days from the day of the seizure,

  whichever first occurs, unless before that time proceedings are instituted in respect of an offence under this Act in relation to the property seized, in which case it may be detained until the proceedings are finally concluded.

• Marginal note:Application for return of seized property

  (2) Where proceedings referred to in subsection (1) have been instituted, a person from whom property that is the subject-matter of the proceedings was seized, or any other person who appears on reasonable grounds to be entitled to that property, may apply to the court before which the proceedings were instituted for an order that the property be returned to the applicant.

• Marginal note:Court order

  (3) Where the court is satisfied that

  • (a) sufficient evidence for the purposes of the proceedings exists or may be produced without detaining the seized property, and

  • (b) no threat to safe railway operations would result from the release of the property,

  the court may grant the application and order the return of the property forthwith to the applicant, subject to any terms and conditions that appear necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.

• Marginal note:Where person convicted

  (4) Seized property that is detained until the final conclusion of proceedings shall be returned to the person from whom the seizure was made, or to any other person who appears on reasonable grounds to be entitled thereto, unless that person has been convicted of an offence under this Act, in which case the property may be detained until any fine imposed on conviction has been paid, or sold under execution in satisfaction of the fine or any part thereof.

Marginal note:Assistance to inspectors

• 30 (1) The owner or person in charge of any railway work, railway equipment or other place, building or work inspected by a railway safety inspector pursuant to section 28, and every person found therein or thereat, shall give the inspector all reasonable assistance in that person’s power to enable that inspector to carry out the inspector’s functions under this Act.

• Marginal note:Obstruction of inspectors

  (2) No person shall, while a railway safety inspector is carrying out the inspector’s functions under this Act,

  • (a) fail to comply with any reasonable request of the inspector;

  • (b) except with the authority of the inspector, remove, alter or interfere in any way with any thing seized or removed by the inspector; or

  • (c) otherwise obstruct or hinder the inspector.

Notices of Railway Safety Inspectors Concerning the Safety or Security of Railway Operations

Marginal note:Notice — threat

• 31 (1) If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations or the safety of persons or property, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it.

• Marginal note:Notice — immediate threat

  (2) If the railway safety inspector is satisfied that the threat is immediate, the inspector may, in the notice, order the person or any company whose railway operations are affected by the threat, to take the measures that are specified in the notice to mitigate the threat until it has been removed to the inspector’s satisfaction.

• (2.1) to (4) [Repealed, 2015, c. 31, s. 25]

• Marginal note:Contents of notice

  (4.1) For the purposes of subsection (2), a notice that contains an order shall indicate the date on or before which the recipient may file a request for a review of the order and the address to which the request may be filed. The date shall be 30 days after the day on which the notice is sent.

• Marginal note:Minister to be informed of order

  (5) If a notice sent under this section contains an order, the railway safety inspector who sends it shall immediately inform the Minister of the order and the reasons for it.

• Marginal note:Copies sent to company supervisor

  (6) If a notice sent to a company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it to the company supervisor who is responsible for the person or the railway operations that are affected by the threat or, in that supervisor’s absence, to the employee who is at that time in charge of that person or those operations.

• Marginal note:Effect of order

  (7) An order contained in a notice under this section has effect, in the case of a company, when the company receives the notice or when a company supervisor or employee receives a copy of it, whichever occurs first and, in the case of any other person, when they receive the notice.

• Marginal note:Alteration and revocation of orders by other inspectors

  (8) An order made by a railway safety inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act.

• Marginal note:Reviewable order

  (9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.

• Marginal note:When alteration or revocation effective

  (10) An alteration or revocation of an order under this section has effect when the company or other person to whom the original notice was sent receives a notice of the alteration or revocation.

Marginal note:Request for review of order of railway safety inspector

• 31.1 (1) A person who is sent a notice under section 31 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal shall without delay appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (4) The member may confirm the order or refer the matter to the Minister for consideration.

Marginal note:Right of appeal

• 31.2 (1) The person who requested the review under section 31.1 may, within thirty days after the determination, appeal a determination made under subsection 31.1(4) to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter to the Minister for consideration.

Marginal note:No stay of order

31.3 An order of a railway safety inspector shall not be stayed pending a review under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection 31.1(4) or 31.2(3).

Marginal note:Consideration by Minister

31.4 If a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or if the Minister on his or her own initiative decides to review an order of a railway safety inspector, the Minister may confirm the order, or may, by order, alter or revoke the order of the railway safety inspector. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34.

Marginal note:When alteration or revocation effective

31.5 An alteration or revocation under section 31.4 has effect when the company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.

Ministerial Orders

Marginal note:Orders concerning unauthorized or improperly maintained works

• 32 (1) Where, in the opinion of the Minister,

  • (a) a railway work the construction of which began after the coming into force of this section has not been constructed in accordance with the requirements imposed by or under this Act,

  • (b) any railway work has not been altered in accordance with the requirements imposed by or under this Act, or

  • (c) any railway work is not being, or has not been, maintained in accordance with the requirements imposed by or under this Act,

  the Minister may

  • (d) by notice sent to the person responsible for the work, order the person to remove or modify the work, and

  • (e) where a person fails to comply with an order made under paragraph (d), remove and destroy the work concerned and sell, give away or otherwise dispose of the materials contained in that work.

• Marginal note:Costs

  (2) Where the Minister removes, destroys or disposes of a railway work under paragraph (1)(e), the costs of and incidental to doing so, after deducting therefrom any sum that may be realized by sale or otherwise, are recoverable, with costs, in the name of Her Majesty from the person who failed to remove or modify the work, whether or not proceedings are instituted against that person for failing to comply with an order of the Minister under this section.

• Marginal note:Contravention of regulations under section 24

  (3) If the Minister is of the opinion that a person has contravened a regulation made under section 24, the Minister

  • (a) by notice sent to the person,

    • (i) shall inform the person of that opinion and of the reasons for it, and

    • (ii) may, if the Minister believes that, by reason of that contravention, there exists in respect of particular railway works an immediate threat to safe railway operations, order the person to take any action that is necessary to remove the threat; and

  • (b) by notice sent to the railway company concerned,

    • (i) shall inform the railway company of that opinion and of the reasons for it, and

    • (ii) may, if the Minister believes that, by reason of that contravention, there exists an immediate threat to safe railway operations, order the railway company to ensure that specified railway works or specified railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until appropriate action to remove the threat has, to the Minister’s satisfaction, been taken by the person referred to in paragraph (a).

• Marginal note:Safety management system deficiencies

  (3.1) If the Minister is of the opinion that the safety management system established by a company has deficiencies that risk compromising railway safety, the Minister may, by notice sent to the company, order the company to take the necessary corrective measures.

• Marginal note:Implementation of safety management system

  (3.2) If the Minister is of the opinion that a company is implementing any part of its safety management system in a manner that risks compromising railway safety, the Minister may, by notice sent to the company, order it to take the necessary corrective measures.

• Marginal note:Railway operation

  (3.21) If the Minister is of the opinion that a railway operation poses a significant threat to the safety of persons or property or to the environment, the Minister may, by notice sent to the person responsible for the railway operation, order the person to take the necessary corrective measures.

• Marginal note:Contents of notice

  (4) An order contained in a notice under subsection (1) or under any of subsections (3) to (3.21) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, on or before which the recipient may file a request for a review of the order and the address to which the request may be filed.

Marginal note:Order — safe railway operations

32.01 If the Minister considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company, road authority or municipality, require the company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work.

Marginal note:Request for review

• 32.1 (1) A person to whom a notice that contains an order is sent under section 32 or a company, road authority or municipality to which an order is sent under section 32.01 may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order.

• Marginal note:Time and place for review

  (2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.01, the Tribunal shall do so without delay.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person, company, road authority or municipality that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Person not compelled to testify

  (4) In a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination

  (5) The member may confirm the order or refer the matter back to the Minister for reconsideration.

Marginal note:Right of appeal

• 32.2 (1) The person, company, road authority or municipality that requested the review under section 32.1 may, within 30 days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) If the person, or an individual who is acting on the behalf of the company, road authority or municipality, does not appear at the review hearing, the person, company, road authority or municipality is not entitled to appeal a determination unless the person or, in the case of a company, road authority or municipality, the individual who is acting on its behalf, establishes that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

Marginal note:Stay of order

32.3 If a request for review is filed, an order made under subsection 32(1), (3.1) or (3.2) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) or (3.21) or section 32.01 shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2(3).

Marginal note:Reconsideration by Minister

32.4 If a matter is referred back to the Minister under subsection 32.1(5) or 32.2(3), the Minister may confirm the order, or may, by order, alter or revoke the order. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34.

Marginal note:When alteration or revocation effective

32.5 An alteration or revocation under section 32.4 has effect when the company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation.

Emergency Directives

Marginal note:Minister may send emergency directives

• 33 (1) If the Minister is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation, the Minister may, by emergency directive sent to a company, order it

  • (a) either absolutely or to the extent specified in the directive, to stop using the kind of railway works or railway equipment or following the maintenance or operating practice that poses the threat; or

  • (b) to follow a maintenance or operating practice specified in the directive if the threat is posed by the company’s failure to follow that practice.

• Marginal note:Directive despite compliance with law

  (1.1) The Minister may issue an emergency directive even though

  • (a) the construction of the railway work was undertaken in accordance with the law in force at the time; and

  • (b) using the railway equipment or following or not following the maintenance or operating practice is in accordance with this Act or any regulations or rules made under it.

• Marginal note:Duration

  (2) An emergency directive has effect during such period, not exceeding six months, as is specified in the directive.

• Marginal note:Emergency directive to contain statement of reasons

  (3) An emergency directive shall contain a statement of the Minister’s reasons for holding the opinion by reason of which the directive was given.

• Marginal note:Minister may rescind emergency directives

  (4) The Minister may, by notice sent to the company, rescind an emergency directive, in which case the directive ceases to have effect.

• Marginal note:Inconsistency between emergency directives, regulations, rules or orders

  (5) In the event that there is an inconsistency between an emergency directive and a regulation made under subsection 18(1) or (2.1) or a rule in force under section 19 or 20, the emergency directive prevails to the extent of the inconsistency.

• Marginal note:Minister may renew emergency directives

  (6) The Minister may, before the expiration of the period during which an emergency directive has effect, by notice sent to the company, renew the directive for a further specified period commencing on the expiration of the previous period and not exceeding six months and, if the Minister does so, this section, except this subsection, applies to the directive as renewed.

Enforcement through Court

Marginal note:Enforcement through court

• 34 (1) An order or emergency directive made by the Minister may be made an order of the Federal Court or of any superior court, and shall be enforced in the same manner as an order of the court.

• Marginal note:Orders of railway safety inspectors

  (2) For the purpose of enabling an order contained in a notice served on a company or person by a railway safety inspector to be enforced as an order of a court under this section, the Minister may, by notice sent to that company or person, confirm that order, and that order after that has effect as an order of the Minister.

• Marginal note:Practice

  (3) To make an order or emergency directive of the Minister an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Minister may file with the registrar of the court a certified copy of the order or directive and the order or directive thereupon becomes an order of the court.

• Marginal note:Effect of revocation

  (4) When an order or emergency directive of the Minister that has been made an order of a court pursuant to this section is revoked by a subsequent order or directive of the Minister, the order of the court shall be deemed to have been cancelled.

• Marginal note:Option to enforce

  (5) The Minister may, before or after an order or emergency directive is made an order of a court pursuant to this section, enforce the order or directive by the Minister’s own action.

Medical Information

Marginal note:Medical examination

• 35 (1) A person who holds a position that is declared by regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a “designated position”, shall undergo a medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20.

• Marginal note:Physician or optometrist to disclose potentially hazardous conditions

  (2) If a physician or an optometrist believes, on reasonable grounds, that a patient is a person described in subsection (1), the physician or optometrist shall, if in their opinion the patient has a condition that is likely to pose a threat to safe railway operations,

  • (a) by notice sent without delay to a physician or optometrist specified by the railway company, inform the specified physician or optometrist of that opinion and the reasons for it, after the physician or optometrist has taken reasonable steps to first inform the patient, and

  • (b) without delay send a copy of that notice to the patient,

  and the patient is deemed to have consented to the disclosure required by paragraph (a).

• Marginal note:Holder of designated position to inform physician or optometrist

  (3) A person who holds a designated position in a railway company shall, prior to any examination by a physician or optometrist, advise the physician or optometrist that the person is the holder of such a position.

• Marginal note:Railway company may act in interests of safe railway operations

  (4) A railway company may make such use of any information provided pursuant to subsection (2) as it considers necessary in the interests of safe railway operations.

• Marginal note:Proceedings not to lie against physician or optometrist

  (5) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by that physician or optometrist in good faith in compliance with this section.

• Marginal note:Information privileged

  (6) Information provided pursuant to subsection (2) is privileged and

  • (a) no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings; and

  • (b) it is not admissible in any such proceedings, except

    • (i) as provided by subsection (4), or

    • (ii) where the patient consents.

Other Information Requirements

Marginal note:Power to require information

• 36 (1) The Minister may order that a company provide, in the specified form and within the specified period, information or documents that he or she considers necessary for the purposes of ensuring compliance with this Act and with the regulations, rules, orders, standards and emergency directives made under this Act.

• Marginal note:Communication authorized

  (2) A company is authorized to communicate to the Minister the information that it recorded, collected or preserved under subsection 17.31(1) and that the Minister orders it to provide under subsection (1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95.

Marginal note:Maintenance and production of safety records

• 37 (1) The Governor in Council may make regulations

  • (a) respecting the keeping and preservation by any person of information, records and documents that are relevant to the safety of railway operations, including a complete set of the regulations, emergency directives, rules and orders made under this Act that apply to that person;

  • (a.1) respecting the submission of information, records and documents that are relevant to the safety of railway operations by any person other than the Minister to any person specified in the regulations;

  • (b) respecting the filing with the Minister, including at the Minister’s request, of information, records and documents kept and preserved under regulations made under paragraph (a); and

  • (c) respecting notification to the Minister by companies of information suitable for monitoring safety performance or predicting potential changes in levels of safety, including information about any accident or incident associated with railway safety or any situation that could have a detrimental impact on safety performance.

• Marginal note:Application

  (2) A regulation made under this section may be general or applicable to a group or class of persons.

• Marginal note:Canada Transportation Act

  (3) Information, records and documents that are filed with the Minister as required by a regulation made under paragraph (1)(b) are deemed to be information that is required to be provided to the Minister under the Canada Transportation Act.

Marginal note:False information, etc.

38 No person shall, either orally or in writing, knowingly make a false or misleading statement or knowingly provide false or misleading information to the Minister, to a railway safety inspector or to any other person acting on behalf of the Minister in connection with any matter under this Act.

Security

Marginal note:Screening before boarding

• 39 (1) A screening officer may require a person or any goods to undergo authorized screening before the person or goods come on board railway equipment or enter a restricted area and, if so required,

  • (a) the person shall not board the railway equipment or enter the restricted area unless the person has undergone the authorized screening; and

  • (b) no person shall take the goods, or have them placed, on board the railway equipment or in the restricted area unless the goods have undergone the authorized screening.

• Marginal note:Screening after boarding or in restricted areas

  (2) A screening officer may require a person on board railway equipment or in a restricted area to undergo authorized screening and, if the person refuses,

  • (a) the officer may order the person to leave the railway equipment or restricted area and to remove from it any goods that the person took or had placed there; and

  • (b) the person shall leave the railway equipment or restricted area and remove or permit the removal of the goods immediately or, if the railway equipment is moving, at the first reasonable opportunity.

• Marginal note:Unaccompanied goods

  (3) A screening officer may carry out authorized screening of any goods at a railway work that are intended for transport on railway equipment and are not accompanied by a person, and the officer may use any force that is reasonably necessary to gain access to the goods.

• Marginal note:False or misleading information

  (4) No person shall knowingly make any false or misleading statement to a screening officer, or knowingly provide false or misleading information to a screening officer.

• Marginal note:Operators to post notices

  (5) When authorized screening is required or authorized under this Act on board railway equipment or at a railway work, the railway company that operates the railway equipment or railway work shall post notices stating that

  • (a) authorized screening is being carried out;

  • (b) no person is obliged to undergo authorized screening of their person if they choose not to board the railway equipment or enter a restricted area; and

  • (c) no person is obliged to permit authorized screening of their goods if they choose not to take the goods or have them placed on board the railway equipment or in the restricted area.

• Marginal note:Placement and languages of notices

  (6) The notices must be posted in prominent places where authorized screening is carried out and they must be written in both of the official languages of Canada and may, in addition, be written in any other language.

Marginal note:Minister may formulate security measures

• 39.1 (1) The Minister may formulate measures respecting the security of railway transportation.

• Marginal note:Requirement to carry out measures

  (2) The Minister may, by notice in writing, require or authorize a railway company to carry out any of those security measures.

• Marginal note:Exemption by Minister

  (3) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of a security measure if, in the opinion of the Minister, the exemption is in the public interest and is not likely to pose a security threat.

Marginal note:Disclosure of security documents

• 39.2 (1) No person shall disclose to any other person the substance of a security document that is labelled as such unless the disclosure is

  • (a) authorized by the Minister;

  • (b) ordered by a court or other body under subsection (3);

  • (c) required by law; or

  • (d) necessary to give effect to the document.

• Marginal note:Court or other body to inform Minister

  (2) If a request is made for the production or discovery of the security document in any proceeding before a court or other body having jurisdiction to compel its production or discovery, the court or other body shall

  • (a) notify the Minister of the request, if the Minister is not a party to the proceeding; and

  • (b) examine the document in a hearing closed to the public and give the Minister a reasonable opportunity to make representations with respect to it.

• Marginal note:Order for production and discovery

  (3) If the court or other body concludes that the public interest in the proper administration of justice outweighs the interests that would be protected by non-disclosure, the court or other body

  • (a) shall order the production and discovery of the security document, subject to any restrictions or conditions that the court or other body considers appropriate; and

  • (b) may require any person to give evidence relating to the document.

Inquiries

Marginal note:Inquiry

• 40 (1) If the Minister considers that

  • (a) a proposed railway work set out in a plan filed with the Minister under section 10,

  • (b) rules filed with the Minister under section 19 or 20,

  • (c) any accident or incident associated with railway works or with the operation of railway equipment, or

  • (d) any other matter relating to the operation or maintenance of railway works or railway equipment

  raises, or may raise, issues of public interest relating to safe railway operations, the Minister may, by order, direct persons designated by the Minister for the purpose to conduct an inquiry into the matter in accordance with any regulations made pursuant to section 47, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and report the findings of the inquiry to the Minister in such manner and within such period as the Minister directs.

• Marginal note:Powers of persons conducting an inquiry

  (2) Each of the persons designated to conduct an inquiry under subsection (1) has the powers of a person appointed as a commissioner under Part I of the Inquiries Act, subject to any restrictions specified in the designation.

• Marginal note:Privilege

  (3) Where, in the course of an inquiry under this section, a statement is obtained by the persons conducting the inquiry that is included within a class of statements classified pursuant to the regulations as privileged, those persons may make such use of the statement for the purposes of the inquiry as they consider necessary in the interests of safe railway operations, but they shall not knowingly communicate the statement or permit it to be communicated to any person except in the circumstances set out in the regulations or as authorized in writing by the person making the statement.

• Definition of statement

  (4) In subsection (3), statement means any oral, written or recorded assertion or any transcript or substantial summary thereof, and includes conduct that could reasonably be taken to be intended as such an assertion.

Administrative Monetary Penalties

Marginal note:

40.1 The Governor in Council may, by regulation,

• (a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22,

  • (i) any provision of this Act or the regulations, or

  • (ii) any rule, standard, order or emergency directive made under this Act; and

• (b) prescribe the maximum amount payable for each violation, not to exceed

  • (i) $50,000, in the case of an individual, and

  • (ii) $250,000, in the case of a corporation.

Marginal note:Designation of enforcement officers

• 40.11 (1) The Minister may designate persons, or classes of persons, as enforcement officers.

• Marginal note:Certification of enforcement officers

  (2) Every person designated as an enforcement officer under subsection (1) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

• Marginal note:Entry

  (3) For the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the construction or operation of a railway or the operation of railway equipment.

• Marginal note:Production of documents

  (4) For the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to that determination.

• Marginal note:Assistance to enforcement officers

  (5) Any person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act.

Marginal note:Notices of violation

40.12 The Minister may establish the form and content of notices of violation.

Marginal note:Violation

• 40.13 (1) Every person who contravenes a provision designated under paragraph 40.1(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 40.1(b).

• Marginal note:Continuing violation

  (2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

• Marginal note:How contraventions may be proceeded with

  (3) If a contravention of a provision designated under paragraph 40.1(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other.

• Marginal note:Nature of violation

  (4) For greater certainty, a violation is not an offence and accordingly section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Issuance of notice of violation

40.14 When a person designated by the Minister under subsection 40.11(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out

• (a) the penalty for the violation that the person is liable to pay; and

• (b) particulars concerning the time for and manner of paying the penalty and the procedure for requesting a review.

Marginal note:Payment of specified amount precludes further proceedings

40.15 If a person served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention and no further proceedings under this Act shall be taken against the person in respect of that contravention.

Marginal note:Request for review of determination

• 40.16 (1) A person served with a notice of violation that wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal.

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person that filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person that filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Burden of proof

  (4) The Minister has the burden of establishing that a person has committed a violation.

• Marginal note:Person not compelled to testify

  (5) A person alleged to have committed a violation is not required to give evidence.

Marginal note:Failure to pay

40.17 A person that fails to pay the amount of the penalty specified in a notice of violation within the specified time and that does not file a request for a review is deemed to have committed the contravention alleged in the notice.

Marginal note:Determination by Tribunal member

40.18 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violation

• (a) that the person has not committed a violation, in which case, subject to section 40.19, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or

• (b) that the person has committed a violation and, subject to any regulations made under paragraph 40.1(b), of the amount that must be paid to the Tribunal by or on behalf of the person and the time within which it must be paid.

Marginal note:Right of appeal

• 40.19 (1) Within 30 days after a determination is made under section 40.18, the Minister or the person to whom it applies may appeal from the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its decision for the determination.

• Marginal note:Finding of violation

  (4) If the appeal panel finds that a person has committed a violation, the panel shall without delay inform the person and the Minister of the finding and, subject to any regulations made under paragraph 40.1(b), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation.

Marginal note:Certificate

40.2 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form established by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,

• (a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 40.16;

• (b) to pay an amount determined under paragraph 40.18(b) or file an appeal under section 40.19; or

• (c) to pay an amount determined under subsection 40.19(4).

Marginal note:Registration of certificate

• 40.21 (1) On production in any superior court, a certificate issued under section 40.2 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

• Marginal note:Recovery of costs and charges

  (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

• Marginal note:Amounts received deemed public moneys

  (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.

Marginal note:Time limit for proceedings

40.22 Proceedings in respect of a violation may not be instituted later than 12 months after the time when the subject matter of the proceedings arose.

Offences

Marginal note:Contravention of provision of Act

• 41 (1) Every person who contravenes a provision of this Act is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of a corporation, to a fine not exceeding one million dollars, and

    • (ii) in the case of an individual, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

  • (b) on summary conviction,

    • (i) in the case of a corporation, to a fine not exceeding five hundred thousand dollars, and

    • (ii) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Contravention of regulations, orders, etc.

  (2) A person is guilty of an offence if the person contravenes

  • (a) a regulation made under subsection 7(1) or section 7.1, 17.95, 18, 24, 37, 47 or 47.1;

  • (b) an order made by the Minister under subsection 7(2) or 19(1), section 32 or 32.01 or contained in a notice sent by a railway safety inspector under section 31;

  • (b.1) an engineering standard;

  • (c) a requirement made by the Agency under subsection 16(3) or 26(3);

  • (d) a rule in force under section 19 or 20;

  • (e) an emergency directive made by the Minister under section 33;

  • (f) a requirement under subsection 39.1(2) to carry out a security measure;

  • (g) a railway operating certificate issued under section 17.4; or

  • (h) an order made under subsection 36(1).

• Marginal note:Punishment

  (2.1) A person who is guilty of an offence under subsection (2) is liable on summary conviction

  • (a) in the case of a corporation, to a fine of not more than one million dollars; and

  • (b) in the case of an individual, to a fine of not more than fifty thousand dollars or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Continuing offences

  (3) If a person commits a contravention described in subsection (1) or (2) that occurs on more than one day, or is continued for more than one day, the person is deemed to have committed a separate offence for each day on which it occurs or is continued.

• Marginal note:Venue

  (3.1) Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

• Marginal note:Joinder of complaints

  (3.2) The judge who hears, tries or determines the complaint or information may, at the request of the accused, join it with others of the same type against the accused, even if the matter of the complaints or informations did not arise in the same territorial jurisdiction, and hear them under the same procedure.

• Marginal note:Limitation period

  (4) A prosecution by way of summary conviction under this section may be instituted at any time within, but not after, two years after the time when the subject-matter of the prosecution arose.

• Marginal note:Recovery of fines

  (5) Where a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the conviction shall, on production in a superior court of the province in which the trial was held, be registered in the court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

• Marginal note:Recovery of costs and charges

  (6) All reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction.

• Marginal note:Admissibility of evidence

  (7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.31 to 320.35 of the Criminal Code  apply to those proceedings with any modifications that the circumstances require.

Marginal note:Offence by employee or agent

42 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:Officers, etc., of corporation

43 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

PART IV.1Police Constables

Marginal note:Appointment

• 44 (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.

• Marginal note:Limitation

  (2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.

• Marginal note:Jurisdiction

  (3) The police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.

• Marginal note:Power to take persons before a court

  (4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.

• Marginal note:Court’s jurisdiction

  (5) The court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court’s jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.

• Marginal note:Dismissal or discharge of police constable

  (6) A superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.

Marginal note:Procedures for dealing with complaints

• 44.1 (1) If one or more police constables are appointed with respect to a railway company, the railway company must

  • (a) establish procedures for dealing with complaints concerning police constables;

  • (b) designate one or more persons to be responsible for implementing the procedures; and

  • (c) designate one or more persons to receive and deal with the complaints.

• Marginal note:Procedures to be filed with Minister

  (2) The railway company must file with the Minister a copy of its procedures for dealing with complaints and must implement any recommendations made by the Minister, including recommendations concerning how the procedures are to be made public.

PART VMiscellaneous Provisions

Exercise of Powers

Marginal note:Exercise of powers

45 The Minister may, in writing, authorize any person designated by the Minister to exercise any of the Minister’s powers and duties under this Act, either generally or as otherwise provided in the instrument of authorization.

Statutory Instruments Act

Marginal note:Ministerial orders, etc., not statutory instruments

46 The following are not statutory instruments for the purposes of the Statutory Instruments Act:

• (a) orders made by the Minister under subsection 7(2) or 19(1);

• (b) standards, rules or notices of approval made, filed or sent under subsection 7(2) or (2.1) or section 19 or 20;

• (c) notices of exemption under subsection 22(2);

• (d) orders and notices referred to in sections 31 to 32.5;

• (e) emergency directives made by the Minister under section 33;

• (f) security measures formulated under subsection 39.1(1) and a notice referred to in subsection 39.1(2);

• (g) railway operating certificates issued under section 17.4 and notices of decision given under section 17.5; or

• (h) orders made under subsection 36(1).

Regulations — General

Marginal note:Regulations

47 Except with respect to any matter that is to be prescribed under this Act by regulations of the Agency, the Governor in Council may make regulations prescribing anything that by this Act is to be prescribed, and generally for carrying out the purposes and provisions of this Act, and, without limiting the generality of the foregoing, may make regulations

• (a) respecting the time and manner of giving notice of proposed railway works under subsection 8(1), the form and content of such a notice, and the persons to whom the notice is to be given;

• (b) respecting the classification of statements obtained in the course of inquiries held under section 40 as privileged statements, and respecting the communication of statements so classified;

• (c) respecting the tariff of fees and expenses to be paid to any witness attending at an inquiry held under section 40 and the conditions under which a fee or expense may be paid to any such witness; and

• (d) respecting the procedures and rules of evidence to be followed in conducting inquiries held under section 40.

Marginal note:Regulations — safety management systems

• 47.1 (1) The Governor in Council may make regulations respecting safety management systems including, but not limited to, regulations respecting

  • (a) the establishment by companies of safety management systems that include

    • (i) the designation of an executive who is

      • (A) responsible for operations and activities of a company, and

      • (B) accountable for the extent to which the requirements of the safety management system have been met,

    • (ii) the implementation, as a result of a risk management analysis, of the remedial action required to maintain the highest level of safety,

    • (iii) the continuous monitoring and regular assessment of the level of safety achieved,

    • (iv) in the case of a railway company, the implementation of non-punitive internal reporting and confidential reporting to the Department of Transport by employees of contraventions of this Act or of any regulations, rules, certificates, orders or emergency directives under this Act relating to safety, or of other safety concerns, and

    • (v) in the case of a railway company, the involvement of employees and their collective bargaining agents in the ongoing operation of the safety management system;

  • (b) the development and implementation of safety management systems by companies, including the involvement of employees and their collective bargaining agents in the case of railway companies; and

  • (c) the criteria to which a safety management system must conform as well as the components that must be included in the system, including the management of employee fatigue.

• Marginal note:Release of pollutants

  (2) The Governor in Council may make regulations respecting the release of pollutants into the environment from the operation of railway equipment by a railway company including, but not limited to, regulations respecting

  • (a) the keeping of records and information and their filing with the Minister; and

  • (b) the form and content of labels to be affixed to railway equipment and their placement on railway equipment.

• Marginal note:Environmental management plan

  (3) The Governor in Council may make regulations requiring a company to file environmental management plans with the Minister and may make regulations respecting those plans and their filing with the Minister.

• Marginal note:Application

  (4) A regulation made under this section may be general or applicable to a group or class of companies.

Marginal note:Ministerial regulations — fees and charges

• 47.2 (1) The Minister may make regulations prescribing any fees or charges, or determining the manner of calculating any fees or charges, to be paid

  • (a) for services or the use of facilities provided by the Minister in the administration of this Act; or

  • (b) in relation to the filing of documents and the making of applications for and the issuance of certificates, exemptions, licences or approvals under this Act.

• Marginal note:Limitation

  (2) Her Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay fees or charges.

• Marginal note:Application

  (3) A regulation made under this section may be general or applicable to a group or class of companies.

Marginal note:Review by House of Commons committee

• 47.3 (1) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.

• Marginal note:Review by Senate committee

  (2) The Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The committee may hold public hearings and may table its report on its review in the Senate.

Agreements

Marginal note:Agreement — cost recovery

• 47.4 (1) The Minister may enter into an agreement with any person respecting any matter for which a regulation made under subsection 47.2(1) could prescribe a fee or charge.

• Marginal note:Regulations — exemption

  (2) If both an agreement entered into under subsection (1) and a regulation made under subsection 47.2(1) relate to the same matter, the regulation does not apply to the person who has entered into the agreement in respect of the matter for which payment is required under the agreement.

• Marginal note:Recovery

  (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

• Marginal note:Debt due to Her Majesty

  (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.

• Marginal note:Spending

  (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

Incorporation by Reference

Marginal note:Incorporation by reference

48 A regulation made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time.

Inconsistent Provisions

Marginal note:Safety regulations prevail

49 A regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1, or a rule in force under section 19 or 20, prevails over an order, rule or regulation made under any other Act of Parliament to the extent of any inconsistency between them.

50 [Repealed, 2014, c. 20, s. 231]

Review of Act

Marginal note:Statutory review

• 51 (1) The Minister shall, not later than five years after the day on which this section comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act.

• Marginal note:Tabling of report

  (2) The Minister shall have a report of the comprehensive review laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.

PART VIConsequential Amendments and Transitional Provisions

Access to Information Act

52 [Amendment]

Canadian National Railways Act

53 and 54 [Amendments]

Criminal Code

55 to 62 [Amendments]

National Transportation Act, 1987

63 to 65 [Amendments]

Railway Act

66 to 114 [Amendments]

Railway Relocation and Crossing Act

115 to 118 [Amendments]

Transitional Provisions Relating to Railway Act Amendments

Marginal note:Regulations and orders of general application

• 119 (1) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that

  • (a) was in force on that day and has not been revoked, and

  • (b) applies to all railway companies,

  continues to have effect as if it were a regulation made by the Governor in Council under this Act until it is revoked by an order of the Governor in Council under subsection (5).

• Marginal note:Regulations — retroactive validation

  (1.1) Each of the following regulations is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5):

  • (a) Ammonium Nitrate Storage Facilities Regulations;

  • (b) Anhydrous Ammonia Bulk Storage Regulations;

  • (c) Chlorine Tank Car Unloading Facilities Regulations;

  • (d) Flammable Liquids Bulk Storage Regulations;

  • (e) Heating and Power Boilers Regulations;

  • (f) Liquefied Petroleum Gases Bulk Storage Regulations;

  • (g) Railway Safety Appliance Standards Regulations;

  • (h) Height of Wires of Telegraph and Telephone Lines Regulations;

  • (i) Joint Use of Poles Regulations;

  • (j) Wire Crossings and Proximities Regulations;

  • (k) Handling of Carloads of Explosives on Railway Trackage Regulations;

  • (l) Railway Prevention of Electric Sparks Regulations; and

  • (m) Service Equipment Cars Regulations.

• Marginal note:Regulations deemed made

  (1.2) Each of the following regulations is deemed to have been made by the Governor in Council under this Act and may be repealed by an order of the Governor in Council under subsection (5):

  • (a) Algoma Central Railway Traffic Rules and Regulations;

  • (b) Canadian National Railway Passenger Train Travel Rules and Regulations;

  • (c) Canadian Pacific Railway Traffic Rules and Regulations;

  • (d) Dominion Atlantic Railway Traffic Rules and Regulations;

  • (e) Grand River Railway Traffic Rules and Regulations;

  • (f) Lake Erie and Northern Railway Traffic Rules and Regulations;

  • (g) Quebec Central Railway Traffic Rules and Regulations;

  • (h) Railway Abandonment Regulations;

  • (i) Specification 112 and 114 Tank Cars Regulations;

  • (j) Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations; and

  • (k) Railway Hygiene Regulations.

• Marginal note:Regulations and orders applying to particular companies

  (2) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that

  • (a) was in force on that day and has not been revoked, and

  • (b) applies to a particular railway company or particular railway companies,

  continues to have effect as if it were an order made by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).

• Marginal note:Regulations related to safety

  (2.1) Every regulation relating to railway safety that was made by the Commission under the Railway Act, other than a regulation referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation that was made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5).

• Marginal note:Orders related to safety

  (2.2) Every order relating to railway safety that was made by the Commission under the Railway Act, other than an order referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were an order that was made by the Minister under this Act, until it is repealed by an order of the Minister under subsection (5).

• Marginal note:References to Commission or Agency

  (3) In any regulation or order mentioned in any of subsections (1) to (2.2), a reference to the Canadian Transport Commission or the Agency, or to any officer of those bodies, shall be read as a reference to the Minister, and section 45 applies in respect of that regulation or order, with any modifications that the circumstances require.

• Marginal note:By-laws

  (4) Every by-law made by a company pursuant to section 233 of the Railway Act as it read on December 31, 1988 that was in force on that day and has not been revoked continues to have effect, in so far as it relates to the safety of railway operations, as if it were a rule formulated by the company and approved by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).

• Marginal note:Power to repeal

  (5) The Governor in Council may by order repeal a regulation or order referred to in any of subsections (1) to (1.2) or in subsection (2.1), and the Minister may by order repeal a regulation or order referred to in subsection (2) or (2.2) or a by-law referred to in subsection (4).

Transitional Provisions Relating to Repeal of Parts II and III of the Railway Relocation and Crossing Act

Marginal note:Balance of Part II appropriation

• 120 (1) Any amount that, before the coming into force of this section, had been appropriated for the purpose of enabling the Minister to make grants under Part II of the Railway Relocation and Crossing Act but had not been authorized by the Minister to be so granted shall, after the coming into force of this section, be deemed to have been appropriated for the purpose of making grants under section 13 of this Act.

• Marginal note:Balance of Part III appropriation

  (2) Any amount that, before the coming into force of this section, had been appropriated for the purpose of making grants under Part III of the Railway Relocation and Crossing Act but had not been authorized pursuant to that Part to be so granted shall, after the coming into force of this section, be deemed to have been appropriated for the purpose of making grants under section 12 of this Act.

• Marginal note:Outstanding grant applications

  (3) Any application for a grant in respect of a proposed railway work that, before the coming into force of this section, had been made under Part II or III of the Railway Relocation and Crossing Act but had not been dealt with under that Act may, at the request of the party who made the application and with the consent of the Minister, be treated as if it were an application duly filed in accordance with the requirements of section 12 or 13 of this Act, and may be dealt with accordingly by the Minister.

121 [Repealed, 1996, c. 10, s. 268]

Coming into Force

Marginal note:Coming into force

Footnote ^*122 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 1, 3, 4, 7 and 8, subsection 11(2), sections 18 and 19, subsection 24(1) and sections 36, 37, 45 to 48 and 50 in force October 8, 1988, see SI/88-202; sections 2, 5, 6, 9 and 10, subsections 11(1) and (3), sections 12 to 17, 20 to 23, subsection 24(2) and sections 25 to 35, 38 to 44, 49, 51 to 90, 92 and 94 to 121 in force January 1, 1989, see SI/88-244; sections 91 and 93 in force October 1, 1995, see SI/95-109.]